Decisions that affect the world are made here at
U.S. Congress building in Washington, DC

This month, another bill was placed before the U.S. House of Representatives by Reps Edward J. Markey (D-Mass.) and Jan Schakowsky (D-Ill.) called the ”(H.R. 1385) Safe Cosmetics and Personal Care Products Act of 2013.” This follows on the heels of two bills introduced a year ago – which never passed Congress.

The legislators say the bill is intended to “closes major loopholes in the federal law that allows companies to use ingredients in cosmetics and personal care products known to damage human health and the environment.”

Years of tests are required before pharmaceuticals are allowed to be sold in the U.S. Any facility from slaughterhouse to restaurant that deals with food is subject to inspection. But there’s no such formal supervision of the cosmetics and personal care industry. The existing law authorizing the FDA has not been updated since 1938. Should it be changed? Pro and con – there are arguments both for and against giving the FDA more controls.

Interestingly to me, several of the provisions in the new bill are already considered "normal" in the cosmetics industry. Principled companies tell the truth when making cosmetics and they use high quality ingredients. Yet it does seem good that consumer protection against harmful chemicals become part of the national law.

Cosmetics is a $50 billion dollar industry. Some 12,500 chemical ingredients go into various personal care products – and most of those have never been assessed for safety. The Campaign for Safe Cosmetics says Americans use an average of 10 personal care products each day, resulting in exposure to more than 126 unique chemicals daily!

We have already noticed a much rigorous inspection on imported cosmetics, and I think that all is for the good.

Our company ran up against the FDA last year when a shipment sent from Asia arrived at a U.S. port and was stopped by an inspector. The inspection report we received said that the labels on the packages made claims for effectiveness that were not permitted. In spite of the fact that we always have had our products tested by independent laboratories in Australia, Malaysia, the U.S. and elsewhere, we are not allowed to make certain claims on packaging. Here’s one example: the product made of certified organic herbs known for centuries as a traditional sunscreen cannot be listed as such. We cannot claim it actually protects you from the sun even though labs have given it a high SPF rating.

“Promoting a product with claims that it treats or prevents disease or otherwise affects the structure or any function of the body will cause the product to be considered a drug under the FD&C Act, section 201(g).” If it’s a drug, then the FDA regulates it. If it’s a cosmetic or personal care product, the only thing the FDA can do is say whether the labels are acceptable or not.

Some of the claims made by the FDA can seem quite silly because they are so often a matter of language. For the past year, we have made an extensive – and expensive -- effort to review all labeling on PP products and make changes to any wording that might imply medical effectiveness.

The Safe Cosmetics & Personal Care Products Act of 2013 could impact all cosmetic companies selling their products in the U.S. whether natural, certified organic, or any other type of cosmetic products. There’s still a long way to go -- it needs to pass through both the House of Representatives and the Senate in the U.S. Congress and be signed by the president before it becomes law.

Here are some of the highlights of the proposed bill. Each state could enact more stringent standards.

The FDA would be authorized to:

• establish a list of ingredients prohibited from use in cosmetics
• conduct annual random sample tests for pathogens or contaminants in cosmetic products
• recall products that fail to meet the established safety standards
• require all cosmetics companies to register with the FDA and pay a registration fee based on annual gross receipts or sales
• require cosmetic companies that manufacture for salon use to provide information on any health hazards linked with their products
• requires companies to report to the FDA on adverse health effects associated with the use of a cosmetic product.

Now you also know why Paul Penders products made with organic herbal ingredients are such a good and safe choice for your personal care. Since our company was founded some 40 years ago, we have made it a strict policy to avoid the use of potentially toxic ingredients in all our products.

Image courtesy of graur razvan ionut /FreeDigitalPhotos.net

Subscribe to the Paul Penders Newsletter

Share this post, download zipfile with the html code